THE RELATIONS OF LAW AND MEDICINE. 721 
binding acts. Not only does it avoid the punitory result of an otherwise crimi- 
nal action, but it affects the validity of all contracts, promises and even the most 
solemn obligations, when assumed under its disturbing presence. 
In this vast field of inquiry within which also lie the often contested ques- 
tions of imbecility, dotage, undue influence, dementia, inebriety and all those 
conditions of the intellect which are ranged under the phrase non compos 
mentis, the lawyer and physician find themselves exploring common ground, 
the one as a zealous advocate seeking to uphold a certain theory, the other as a 
devotee of science searching only for the truth. 
The magnitude, detail and multiform phases of this investigation into the 
mental capacity augments with the growth, complexity and strain of civilization. 
The will of a dead millionaire whose life was replete with gigantic business oper- 
ations and whose genius for accumulating wealth and selfishly conserving it in 
himself and his chosen son is manifest to the last, is impugned in a court of jus- 
tices as being the product of a mind wrought upon by sinister influences and 
innuendoes until its testamentary capacity has gone. The curtains of damask 
and velvet that hung so thick around the inner life of the man are torn apart by 
rude hands and the world beholds what chimeras, whims and often inanities dwelt 
in the nature of the testator. After such an exhibition of wealth and littleness 
one is almost led to inquire whether, after all, it is not true, as one of the medical 
men in the Guiteau trial averred, that hardly any man can be set down as always 
and entirely sane. 
The Colonel Dwight case, involving life insurance to an amount of nearly 
a quarter of a million of dollars, was lately tried and decided in Central New 
York, on almost wholly medical testimony which took in its range the laws of 
life and death in a remarkable degree. And on this same expert opinion are 
founded policies of insurance and payment of death or accident claims annually 
reaching into millions of dollars. Every policy of insurance represents a doctor's 
knowledge and a lawyer's skill. Law and medicine are frequently busied with 
suicides or homicides produced by poison. 
The most exciting investigations grow out of this subtle and almost invisible 
cause of death. The toxicologist with his locked laboratory, sealed jars and 
potent reagents finally declares whether the particle of tissue submitted to his 
tests contained a deadly substance, its nature, and whether its approximate 
quantity was sufficient to destroy life. And over these questions doctors differ 
and lawyers grow red in the face in quite an astonishing manner. 
This contrariety of opinion upon such a grave subject has subjected the 
medical profession to severe strictures, and yet if the critic would only examine 
he would find that usually the, diversity of opinion grows out of the wisdom, ob- 
servation and learning of one witness and the want of it in the other. For it is 
true that there are charlatans in medicine as there are noodles in law. And does 
not Burns say : 
